Since Section 21 was abolished by the Renters' Rights Act 2025, every English possession case is a Section 8 case, and non-rent breaches run through Ground 12 of Schedule 2 to the Housing Act 1988: breach of an obligation of the tenancy. Ground 12 is discretionary, a judge grants possession only if it is reasonable, and what convinces a judge is a documented pattern: breach identified, tenant notified, opportunity to remedy given, breach continued.
The LetSafe Breach of Tenancy Notice (LS-E-013, £14.99) is that notification, drafted properly: it cites the exact clause breached, describes the facts, sets a reasonable remedy deadline, and warns of the consequences. Whether the tenant fixes the problem, most do, or you end up serving a Section 8 notice, the document does its job.
Breaches this notice is built for
- Unauthorised occupants: someone living there who is not on the tenancy
- Unauthorised alterations: decoration, structural work or 'smart' installations without consent
- Subletting and short-letting: whole or part, including holiday-let platforms
- Business use of a residential letting
- Nuisance short of ASB proceedings: noise and behaviour affecting neighbours
- Pet condition breaches: where a pet consent under the Renters' Rights Act 2025 came with conditions that are being ignored
Why the letter matters more than ever
Under the discretionary grounds, judges look for proportionality. A landlord who went straight from irritation to a Section 8 notice looks heavy-handed; a landlord who served a clear breach notice, gave a fair deadline, and can show the breach continued has answered the reasonableness question before it is asked.
The notice also protects the relationship in the common case: most breaches are cured within the deadline, and a formal but civil letter cures them faster than an argument. Escalation is a fallback, not the goal.
What's in the pack
Reviewed against Ground 12 of Schedule 2 to the Housing Act 1988 as amended by the Renters' Rights Act 2025. The review date is stamped on the document footer.
- Breach of Tenancy Notice (editable DOCX + typeset PDF)
- Clause-citation guide: matching common breaches to standard tenancy obligations
- Remedy-deadline guidance by breach type
- Evidence log to record the breach history alongside the notice
- Free re-issue when the possession framework changes
Frequently asked questions
What is a breach of tenancy notice?+
A formal letter telling the tenant which tenancy obligation they are breaching, what facts show it, what they must do to remedy it, and by when. It is not a statutory possession notice, it is the documented warning that makes a later Ground 12 case credible.
What is Ground 12?+
Ground 12 of Schedule 2 to the Housing Act 1988: the tenant has broken an obligation of the tenancy other than rent. It is discretionary, so the court grants possession only where reasonable, which is why the paper trail matters.
How long should I give the tenant to remedy a breach?+
It depends on the breach: removing an unauthorised occupant might reasonably take 14 to 28 days, stopping short-letting can be immediate. The pack includes deadline guidance by breach type; the test is what a judge would consider fair.
Can I go straight to a Section 8 notice instead?+
You can serve Section 8 citing Ground 12 without a prior warning, but on a discretionary ground it usually weakens the case. The breach notice first is both the fair step and the tactically stronger one.
Does this work for rent arrears?+
Arrears have their own track: the Pre-Action Rent Arrears Letters and Grounds 8, 10 and 11. This notice is for every breach that is not about money.
This page is drafted against the legislation below. Always check the current text of the law before acting.
- Housing Act 1988, Schedule 2 (grounds for possession) (legislation.gov.uk)
- Renters' Rights Act 2025 (legislation.gov.uk)
- Housing Act 1988 (legislation.gov.uk)